64 Cal.App.5th 549
Cal. Ct. App.2021Background:
- Jane Doe sued Los Angeles Unified School District (LAUSD) and aide Daniel Garcia for sexual assault she suffered at 14, alleging LAUSD had previously covered up Garcia’s abuse of another student and transferred him, leading to Doe’s assault.
- Doe sought economic and noneconomic damages and, under Code of Civil Procedure §340.1(b)(1), discretionary treble damages against LAUSD for the alleged cover up.
- LAUSD moved to strike the treble-damages claim, arguing treble damages are punitive and barred by Government Code §818 (sovereign immunity from damages imposed primarily to punish); the trial court denied the motion relying on legislative-history statements suggesting a compensatory purpose.
- The Court of Appeal issued a writ and reviewed whether §818 precludes treble damages under §340.1 when the defendant is a public entity.
- The court held treble damages under §340.1 are primarily punitive/exemplary (intended to punish and deter cover-ups) and do not perform a distinct compensatory function beyond ordinary tort damages; accordingly §818 bars treble damages against LAUSD and the trial court must strike that claim.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gov. Code §818 bars treble damages under CCP §340.1 against a public entity | Treble damages compensate victims for additional psychological harm from learning of a deliberate institutional cover up; legislative history supports compensatory purpose | Treble damages are punitive/exemplary (punish and deter) and thus barred by §818 | Treble damages are primarily punitive and barred by §818; strike treble-damages claim |
| Whether treble damages are outside Tort Claims Act as civil penalties (Kizer exception) | Treble damages further public policy by incentivizing victims to sue and unmask institutional cover ups, like regulatory civil penalties not subject to §818 | §340.1 creates a tort remedy (requires proof of actual harm and willful cover up) and thus lies within Tort Claims Act and §818 | Kizer’s civil-penalty exception does not apply; §340.1 treble damages are part of a tort action and subject to §818 |
Key Cases Cited
- Kizer v. County of San Mateo, 53 Cal.3d 139 (Cal. 1991) (Tort Claims Act does not govern statutory civil penalties that enforce regulatory schemes; distinguishes civil penalties from tort damages)
- Younger v. Superior Court, Alameda Cty., 16 Cal.3d 30 (Cal. 1976) (damages that also serve compensatory functions may not be "punitive" under §818)
- State Dept. of Corrections v. Workmen's Comp. App. Bd., 5 Cal.3d 885 (Cal. 1971) (statutory increased awards can be compensatory rather than punitive for §818 purposes)
- Helfend v. Southern California Rapid Transit Dist., 2 Cal.3d 1 (Cal. 1970) (collateral-source rule enforcement against public entities serves compensatory function)
- Imperial Merchant Services, Inc. v. Hunt, 47 Cal.4th 381 (Cal. 2009) (treble damages are punitive in nature)
- Crisci v. Security Insurance Co. of New Haven, Conn., 66 Cal.2d 425 (Cal. 1967) (tort rule: recover for all detriment caused, including mental suffering)